Commonwealth Consolidated Acts

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SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 98

Automatic rate reduction--partner starting to receive pension or benefit

  (1)   Subject to subsection   (2), if:

  (a)   a person is receiving a social security payment; and

  (b)   the person's partner starts to receive:

  (i)   a social security pension or benefit; or

  (ii)   a service pension, income support supplement or a veteran payment; and

  (c)   the person's social security payment rate is reduced because of the partner's receipt of the pension, benefit, supplement or payment;

the social security payment becomes payable to the person at the reduced rate on the day on which the partner starts to receive the pension, benefit, supplement or payment.

  (2)   If:

  (a)   a person is receiving a social security payment; and

  (b)   the person's partner starts to receive:

  (i)   a social security pension or benefit; or

  (ii)   a service pension or a veteran payment; and

  (c)   because the partner starts to receive that pension, benefit or payment, the person's working credit balance or student income bank balance is reduced to nil; and

  (d)   either because of the reduction of the balance to nil or because of the balance having already been reduced to nil--the person's social security payment rate is to be reduced;

the social security payment becomes payable to the person at the reduced rate on:

  (e)   if the rate reduction is attributable to the reduction of the balance to nil--the day on which the balance was so reduced; and

  (f)   if the rate reduction is attributable to the balance having already been reduced to nil--the first day on which the opening balance was nil.



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